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does anyone know to whom should i report the issues i have with my previous employer? it is regarding the salary and unpaid dues..

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Suva

04-22 10:09 AM

Applied on Feb 6 and approved on March 18.

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p_kumar

02-07 11:24 AM

All three options put a dent in your life. But I guess the golden period of life is over, remaining period of life will go raising your kids, looking after your parents. Sometimes I like the American culture a lot; you get to enjoy all life long!

American culture as we know it maybe ending. Social security will not be enough to support the baby boomers and many will end up being a burden on their children. In a way, we always have an option of going back to india but for americans?.

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GCD

07-31 11:25 PM

I got a bunch that has photocopies from my lawyer of everything that went out to USCIS. 485, EAD, AP for myself and my wife.

Everything is ok, except that there is an extra copy of G 28 each for myself and my wife and these extra copies are not signed by attorneys.

In the middle of the package, right above the 485 forms, there are G28 forms that are properly signed. Everywhere else there is signatures where needed. But at the bottom of the bunch, there is extra G28 for each one of us that is missing signature from the attorney.

Could this be a problem? Also, where is the URL for USCIS FAQ that states under what conditions that petitions can boomerang back to us?

My lawyer filed the I-485, EAD and AP package for me and my wife. She put a G-28 notice for each application (with our and her signatures). She missed signing the AP G-28 for my wife. I asked her about this. She said it should be fine. They would not consider her notice of representation for this particular case, and would mail her AP approval directly at our home address.

http://en.wikipedia.org/wiki/The_Goose_That_Laid_the_Golden_Eggs of course you have to feed & take care ( issue ead & ap ), but would you rather get a egg a day or would you prefer to cut it open

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GreenCard4US

08-21 10:53 PM

The RFE is not unusual, they are sending RFE's on all pending I-485 applications in an attempt to pre-process the applications and have them ready before the priority date becomes available.

Even though the beneficiary does not have to be working for the GC sponsoring company and the offer of employment can be a future offer, i always advice my clients to work for the sponsoring employer, if possible, otherwise the USCIS might raise the issue of the validity of the job offer, they have done this in the past. I also always advice clients to do AC-21 whenever they can, rather than depend on future employment.

It is difficult to predict what the Officers decision will be and what factors he will look at, and your attorney is not wrong in his response, however if you were my client i would advice you to use AC-21. The USCIS has not indicated that AC-21 has to be invoked as soon as you join the new employer, no deadline for invoking AC-21. However, you should have a GC sponsor at all times to keep your GC alive. In your case, company A was your sponsor until the time that company C has agreed to be your sponsor and invoke AC-21.

It is also good to invoke AC-21 because at the time of filing for citizenship they will see if you worked for your sponsoring employer for at least 6 months after getting the GC and if you did not, they will ask why dint you.

Further Questions:

Can I invoke AC21 now when an RFE is pending? Also, since I had already joined company C when I applied for 485, can I still invoke AC21. Do I reply to the RFE first and then invoke AC 21 or as part of RFE can I invoke AC21? Thanks again.

The dates in the first couple of sentences are all messed up ( came to US through Company A in June 2007 and was with them until Dec 2006...........I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. ) It would help to answer if you can correct the dates.

It is interesting � I moved from AL to SC a 1.5 year ago � needed a new ID, so I went there and they did this too � but only for the first time (they gave me that paper thing). Few weeks after this I changed my address so I had to renew it again� it was instantaneous;- they took the photo within 10 min I had my new ID � they said I�m in the system so no problems �have a nice day. By the way � with that paper ID I travelled back to AL, to NC several times - I kept a copy from the old AL driver license (so what? � I can show my old international driver license :D � wondering what a local policeman would do with that �, otherwise I�m legally here, sorry )

However in your case, once the H1 from company A starts your OPT / EAD status will no longer be valid. For filing a H1 with company B now, you are fine with OPT status and you may get an approval for start date B with company B based on today's status of OPT.

I am under the impression that company B is not aware of H1 filing with company A.

So if H1 from company A is already approved and ready to start date A in Jan , then that is the day your OPT will end. If H1 from B is approved before start date A , but start date B is beyond A's start date then you will have to be with company A during that period ( i.e gap between start date A & start date B).

Or else down the line if you are asked to prove status between start date A & B, for that time you need something to show.

You say "My issue is, Company A is going to terminate the H1B visa process from my end, and ends the employment relation with me. "

If this is the case your OPT should be intact, just make sure your status does not change on start date A with Sevis.

If A is not willing to cancel or you need to ask them to cancel then ....

Your options might be,

a) Cancel processing of H1 with A, so that OPT stays intact till B kicks in. b) if A is already approved, then ask A to cancel it ( i.e send a letter to USCIS for withdrawal), this withdrawal date has to be before start date with A , and your OPT will be reinstated till B kicks in. This requires around 60 days, but can be sooner depending on their work load. c) Ask B to advance start date to match with A so it takes control of your OPT before A ends it.

I can understand your situation, when someone is coming out of school and has multiple options. Where a single one of them is not a cut above the rest, for a clean decision, or a good one comes later. The best is to stay with opt until you are comfortable and like the work, but however due to time pressure, quota exhaustion and persuasion from the companies people end up applying for H1 too soon locking themselves into a corner.

PS: I am not a lawyer, it is better to consult a lawyer / your school student adviser for your options.

My wife is planning to go for H4 visa stamping in October. My question is can she go alone??????????? and what kind of documents she need. Our I-485 applications have reached USCIS on July 2nd. Any reply will be greatly appreciated. hello .....somebody ans meeeeeeeeeeeeee

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sweet23guyin

04-23 06:46 PM

Can you be a little more specific on what you are doing?

If you don't want to publish it in this open forum, please send me a PM.

I'm a full time IT employee; Now, I am taking up part time work with my earlier clients (Consulting) on the newly formed LLC with my spouse as the sole member.

Can somebody advise me wht should i do, should i apply new application or not ? does this mean that i cannot apply for LC nor I140 for the rest of the year for eb2 ? I have Master's and have over 6 years of exp.

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rajeshalex

09-24 11:06 AM

I had received response to 140 stating pending background name check.

Here is the exact lines

"USCIS is awaiting the results of your pending background name check. The USCIS is unable to predict when a background check might be completed. so they ask us to wait 120 days before initiating another inquiry."

I am not sure whether this is related with IBIS check or name check or background check. If its an IBIS check EAD also got the same check and my EAD has been renewed twice. My FP was done in Nov 07 and after 2 days of FP my appln was transferred from TSC to NSC

I have just checked the focal length at the wide angle end of the scale using a tape measure and got surprisingly close (7.02mm) agreement with the manufacturer's figure (7mm). With that, I can now find where on the scale the standard (50mm) length would be - just for interest's sake.

Many thanks to everyone for their help.

Martin

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Sk-1

09-06 07:39 PM

All,

Background:

EB-2 India Employment based petition PD: Feb 2003 Labor approved (after a long wait at Backlog reduction Ctr) I-140 filed Waiting for PD to be current to be eligible to file I-485

To avoid further delays and have the necessary paperwork on-hand ready to file I-485 petition when PD becomes current, I had the following questions for the folks on this forum who have filed I-485 or are knowledgeable about the paperwork requirements:

1) Birth Certificate: I have my original birth certificate but it is not in English. a. I have a translated notarized version in English from India. Will this suffice? b. If not, can a birth certificate issued by the Indian Consulate General suffice? c. Also, is this birth certificate required for spouse too if her name is added to I-485 petition?

2) Police clearance: I know that one has to go thru the FBI name check for US clearance and this is done by processing center after filing of I-485 petition. a. Do I need to have a police clearance from India? b. If so, can a Police clearance certificate from Indian Consulate General suffice? c. Also, is police clearance certificate required for spouse if her name is added to I-485 petition?

3) Medical: I have the list of approved Doctor�s in my geographical area. However, I do not have my inoculation records. Hence, I believe the Doctor will administer the shots again. a. How long does the approved Dr. to finalize the tests and administer the shots? Is this a 1 day or week(s) process before the Dr. hands over the sealed medical forms back? b. How long is the medical test valid? (Is it valid for 1 month, 6 months etc)

4) Additional documentation: Is there any other documentation, not stated above, that has a long lead time that I can start to accumulate now?

Thanks in advance.

lacrossegc

07-30 07:34 PM

USCIS admits to AILA that the forms effective date is wrong .... http://blogs.ilw.com/gregsiskind/2007/07/uscis-admits-i-.html

Earned_GC

04-15 10:19 PM

What would be considered STEM? Would all professional that are eligible for H1B such as an Accountant or an MBA in Finance or Marketing be considered STEM? Or its just S T E M?